Posts Tagged 'Poor Man’s Probate'

If You Own Out of State Property, Establish a Trust

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If you own out of state property, it’s almost a certainty that you and your family will be better served by a trust instead of a will.

Why is that?

First, consider that probate is unavoidable with a will. Many of my clients arrive at my office assuming that probate is only for those that are intestate, or without a will. The decedent’s loved ones are often confused and frustrated with the hassles and paperwork involved in probate when they are already ...

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Poor Man’s Probate is Usually Poorly Planned

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People often ask what seems to be the usual recurring question, “Do I really need a will?” After I ask a few questions about their circumstances, I usually discover that they have already done something about their estate plan. Unfortunately, this generally means that a non-attorney gave them legal advice and misleading direction. They’ve engaged in a course of action in which some call a “Poor Man’s Probate”. The results, which they will probably never witness, are usually tragic and ...

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